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2010 Supreme(Bom) 23

B.P.DHARMADHIKARI
Janta Shikshan Prasarak Mandal – Appellant
Versus
The Industrial Court – Respondent


Advocates appeared:
For the Petitioners:A.M. Gordey with Mrs. R.D. Raskar, Advocates. For the Respondents: R1, Mrs. T.D. Khade, AGP.

JUDGMENT:

By this writ petition filed under Articles 226 and 227 of Constitution of India, the petitioners seek to challenge the judgment dated 04.03.2005 delivered by the Industrial Court, Yavatmal, in Complaint ULP No. 11 of 2003. Petitioner No.1 before this Court is the institution which runs B.N. Engineering College and Petitioner No.2 is the Principal of that College. Respondents No. 2 & 3 before this Court filed that Complaint before the Industrial Court under items 5 & 9 of Scheduled IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, (hereinafter referred to as MRTU & PULP Act), contending violation of equal pay for equal work, shortly stated, they claimed salary in pay scale as was being paid to two male sweepers. By the impugned judgment, the Industrial Court has directed the petitioners to pay them salary in pay scale of Rs.750940 accordingly with arrears from 07.02.2003.

2. The facts are not much in dispute. The husbands of both the complainants were earlier in employment of the petitioners and after their death, the petitioners appointed the complainants on consolidated salary mentioning that their appointment is purely












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